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Ltr from Parrish May 3, 2011 Received MAY 3 - 2011 Office of City Clerk May 3, 2011 BY HAND DELIVERY TO CITY HALL The Honorable Mike Borno Mayor of the City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Donald and Karen Wolfson 1725 Beach Avenue Atlantic Beach, FL 32233 ZVAR- 2011 -01 Dear Mayor Borno: We write in support of Don and Karen Wolfson's request for a variance for their vacant lot on the west side of Beach Avenue across from their home. We own a similar unimproved lot across from our home at 1731 Beach Avenue. We are in favor of their request on its merits and concerned that a refusal to grant a variance to the Wolfsons may by construed by future elected and/or appointed officials as precedent to deny permitting for construction that would render our lot practically unusable, thereby destroying its value. Forrest and I moved to 1731 Beach Avenue in 1996 and have resided there continuously since, raising three children. When we purchased our home, including our lot on the west side of Beach Avenue, we did so from Forrest's mom Lorraine who with her husband Gene purchased this property in 1958. Gene was the founder of the North Beaches Association. At that time, our 4500- square -foot lot (90 x 50) we believed was of sufficient size to permit construction of a residence, and the price we paid for it reflected that possible use. We have paid taxes every year since on an assessed value which assumes that the lot is functionally buildable as a single family dwelling. As you well know, when this family property became part of Atlantic Beach, officials expressly stated that the right to develop our property would be no more restricted under Atlantic Beach rules than it was under the City of Jacksonville zoning. Indeed, when our city collected a linear foot assessment for utilities on this lot, Bob specifically declared in a Commission meeting that if the City collected this assessment our lot must be forever buildable. The Commissioner assented to this assertion. The City has thereby waived its right to delimit my buildability with more restrictive setbacks than existed under the City of Jacksonville. Refusal to grant the requested variance to the Wolfsons will deprive them of the reasonable use of their lot and would be a departure from previous decisions granting similar • Page 2 May 3, 2011 requests. A structure as proposed by the Wolfsons would be perfectly in character with our neighborhood (we've lived at the Beach since 1960; Forrest's parents since 1958), particularly the stretch of Beach Avenue from 16 Street northward. We realize that anyone who moved here yesterday but pays taxes has rights equal to ours, but don't we have some solid standing, and historical credibility? We have given our lives, spirits, souls, and treasure to this community. We ask you to treat us fairly, as others have been treated. It must be recognized that a denial of the Wolfson's request for variance will inevitably lead to costly lititgation. The city's lawyer (who has previously said denial of a similar variance would be indefensible, but seemingly now tries to backtrack on that sound advice) will make a fee and the city will lose. He is a very close, respected and beloved friend, but in my legal opinion there is no legal basis for his apparent conclusion that what was once indefensible is now defensible. There is no competent substantial evidence from which a reasonable mind can draw such a conclusion. There have been NO changes in the LDR's relating to rear yard setbacks in this neighborhood that change the rights of the Wolfsons to be granted a rear yard setback of 10 feet —a policy and practice of Atlantic Beach since annexation as evidenced by the prior opinions of the city attorney and prior Commission action (Landon, Hawkes properties, etc.). Mr. Wolfson's prior positions on land use are legally irrelevant, and it was improper for the Development Board to even consider them.. Public opinion alone is not a legal basis on which to deny a variance. Bob has read the Order Denying Variance and there is no substantial competent evidence in the minutes to support the "findings" therein. The Board completely ignored the existing Atlantic Beach policies. There is no doubt that a court will so find. We also note that it appears that Mr. Wolfson was blindsided and therefore denied due process when, at a Board Member's request, staff introduced a power point presentation regarding potential uses of the Wolfson property. This was presented AFTER staff presentation, public comment, and the Wolfson's presentation. When Mr. Wolfson asked to be allowed to address and rebut this, he was denied the opportunity to do so. Mr. Wolfson never saw this presentation or its documents until staff presented it at the request of the Board Member. This was a denial of due process and basically amounts to what we trial lawyers call "trial by ambush ". By the way, please keep in mind that staff RECOMMENDED granting the variance. At least staff remembered city policy regarding "...allowances previously granted to other undeveloped substandard lots of record in the vicinity and adversely affected by the 1987 annexation of Seminole Beach into the City of Atlantic Beach ". (Quoting Staff Comments and Recommendation presented to the Community Development Board 3/15/11. Bob has been litigating for 33 years. He has a firm of twenty five lawyers at his disposal. He has been blessed with a successful career and assets to pursue this issue to conclusion. Some will call this a threat; our friends and fellow citizens paying the legal bill (like they did when Mr. Wolfson in our view wrongfully and unsuccessfully fought our dear friend Lindley Tolbert—get the irony ?) should call it reality. • Page 3 May 3, 2011 As protectors of the public fisc, it is your legal and moral duty to grant this variance. We expect you to fulfill that duty now. Finally, we want you all to know that we frankly cannot understand how, other than out of personality issues and old political rivalries that we are all aware of, a fair minded person considering the history of past variances in this area, could vote to deny this one. Past political battles have no role here. The ultimate irony of such action would be to hurt us, the ones who were aligned against the subject applicants here in such prior political battles. Please forget that stuff, realize the obvious merits, and grant this next customary variance in our neighborhood. We respectfully request that you vote to grant the variance requested by the Wolfsons. Very truly yours, Robert B. Parrish Forrest M. Parrish RBP /ls cc: The Honorable John L. Fletcher The Honorable Paul B. Parsons The Honorable Carolyn R. Woods The Honorable Jonathan Daugherty Alan Jensen, Esquire